International Adoption and Immigration
When you want to expand your family there are several reasons why you may want to explore the option of international adoption.
In this article, our Family Law and Immigration Solicitors look at the topic of international adoption and immigration.
Online and London Family Law Solicitors and Immigration Lawyers
For family law or immigration legal advice call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Why consider international adoption?
The reasons to consider international adoption include:
- It is easier to adopt a baby from overseas because there are few babies available for adoption in the UK
- If you prefer to adopt a baby that comes from your own cultural or racial background then there are likely to be more children suitable and available for adoption in your country of heritage than in the UK
- You may want to adopt the child of a family member who has either passed away or who is struggling to cope with parenthood
Whatever your reasons for considering international adoption it is important to do your research and understand the family law and immigration consequences of an international adoption.
That information gathering may lead you to consider:
- Adoption or fostering from within the UK
- Surrogacy including international surrogacy options
- IVF
- International adoption but from an overseas country where international adoption is easier to arrange or from where it will be more straightforward for the child to gain UK entry clearance
Family Law and Immigration Solicitors say that the paperwork involved in international adoption does not and should not put most international adoptive parents off from adopting overseas but it is vital that adoptive parents have a clear understanding of what is involved in international adoption, the financial and emotional cost and the timescales from first approaching an adoption agency to bringing your child back to the UK. Having clear and realistic information and timeframes helps you plan and manage your expectations and those of your extended family.
International adoption applications
Depending on the country you adopt from you may need to apply for an adoption order in the country where you are getting your baby or child from and you may then need to apply for an adoption order or a recognition order after you have brought your child into the UK.
Understanding whether you will need one or two adoption orders helps you plan the adoption process or the legal and visa process may encourage you to rethink the country you were planning to adopt from.
One or two adoption orders
The deciding factor as to whether you need one or two adoption orders is whether the country you are getting your adopted child from is a signatory to the Hague Convention on Protection of Children and Co-operations in respect of Intercountry Adoption 1993. Adoption and immigration lawyers refer to countries as either Hague Convention or non-Hague.
If you are getting your child from a Hague Convention country the overseas adoption order is normally recognised by the Home Office and the English family court. Therefore, there is usually no need to get a second English adoption order when you arrive back in the UK with your adopted child as you are already recognised as the child’s legal parent.
If the country you are adopting from is not a Hague Convention country, or not on a list of designated countries where adoption orders are accepted in England, then you may need to apply for a second adoption order, an adoption recognition order, or an order under the inherent jurisdiction when you arrive back in the UK. The order from the English family court is necessary because, under English family law, your status as an adopted parent is not legally recognised by the overseas adoption order.
Taking expert family law advice, as well as social work advice, is important so you can consider all the potential legal and family consequences of introducing a new person into your family from overseas. For example, it may be helpful to know if your family heritage is Nigerian that Nigeria is on a list of restricted countries when it comes to adoption. You may still want to adopt a child from Nigeria but it is best to understand the legal complexities and the orders you will need to seek from the English family court as well as the social work reports (needed from an adoption agency that handles overseas adoptions) before you go ahead with your adoption plans.
International adoption and immigration advice
It is just as important to get specialist immigration advice as it is to get expert family law advice.
If you are adopting a child from a Hague Convention country it is easier normally to return to the UK with your adopted child. You should not rule out adoption from a non-Hague Convention country but you do need to understand the rules on entry clearance for the child and visa requirements. That way you can plan for how long it will take to get the visa paperwork in order so the adopted child can start their new life with you in England.
At OTS Solicitors we have a team of solicitors who specialise in adoption and children law and expert individual immigration law experts who have substantial experience and expertise in securing a full range of Dependant Visas and Family Visas as well as British citizenship for children.
Online and London Family Law Solicitors and Immigration Lawyers
For family law or immigration legal advice call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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